- Faster and simpler construction procedures were our aims while amending the Building Law. This way, flats and houses will be provided to citizens much faster. Increasing the availability of apartments is one of the priorities of the Ministry of Economic Development. This will also be achieved by legal solutions included in the so-called housing package, currently considered by the Polish Sejm

– says Deputy Prime Minister, Minister of Economic Development Jadwiga Emilewicz.

Robert Nowicki, Deputy Minister of Economic Development explains:

- The excessive number of documents required at the beginning of the investment extends the construction process. At present, the authority which issues the building permit does not verify the technical design of the building, but only checks the completeness of the documents. The technical design, which accounts for approximately 35 percent of the total number of required documents, includes special technical conditions and detailed descriptions for a given construction work. It often changes during the investment process. Now, the technical design may be carried out after obtaining the building permit, but before commencing the construction works.

He adds:

 - The construction manager will be responsible for keeping the current technical design at the construction site and the designer will be required to declare it to be correct and complete before the construction works begin. Such regulation ensures the safety conditions, and at the same time the process will become shorter for the investor. This will also simplify the works carried out by administrative offices, as it involves several dozen million pages each year.

Easier legalisation of old illegal constructions will improve their safety.

 

That is an important change that will encourage owners to report illegal objects. This will also allow the building supervision to obtain information about their existence and to inspect their safety. The owner will also avoid the legalization fee if he or the voluntarily reports the illegal building - at least 20 years old - to the authorities and presents a technical expert's report confirming the possibility of safe use of the object and a geodetic as-built inventory.  The simplified verification procedure will allow for the incorporation of numerous illegal buildings  into a system of periodic inspections to ensure their safe use, as well as into a system of replacing old heaters to improve air quality.

Less paperwork and the freedom package

At the stage of applying for a building permit or notification, constructors will be required to submit fewer documents. The investor will only submit a part of the current construction project to the application for the building permit. The number of required copies of the project attached to the application will also be reduced. Beginning on September 19, the application for the building permit will have to be submitted along with a construction design, which will consist of a land development project (location, traffic layout, information about the area of the object's impact) and an architectural-construction design (spatial layout, designed technical and material solutions). However, the technical design (description of structure, installation, energy characteristics) will have to be submitted to the site manager before the commencement of the works, and to the building supervision office together with the application for a permit to use or notification of completion of works.

We are eliminating the absurdities

Ticket machines, bank deposit machines, vending machines, parcel machines, storage machines or machines used to perform other types of services with a height of up to and including 3 m will be exempted from the obligation to obtain a building permit and the obligation to notify the construction. The dynamically developing market of various types of vending machines does not require a decision to build each of such machines.

Further exemptions from the obligation to obtain a building permit

As of 19 September, further exemptions from the obligation to obtain a construction permit will be granted, including among others, for gas installations performed inside and outside the building in use, LNG regasification stations with a gas storage tank capacity of up to 10 m3, disinfection pits, including roofed disinfection pits, all sewage treatment plants with a capacity of up to 7.5 m3, and not, as before, only those on the house or house terraces. Exemption from the obligation to notify the authorities about the construction will cover, among others, water reclamation facilities, as well as the construction of ponds and water reservoirs with an area not exceeding 1000 m2 of a depth not exceeding 3 m located entirely on agricultural land.

Importantly, it is now defined by one article, indicating the types of investments which require authorisation or notification.

Greater stability for investors

The Act introduces a limit of five years for cancellation of the decision on issuing a building permit and the decision on the occupancy permit. Until now, the decision on the building permit could be cancelled many years after the building was already constructed and used. Such provisions caused legal uncertainty. The new solutions will make it impossible to revoke the decision after 5 years from its delivery or announcement.

Increased safety of escape rooms

Issues related to safety of use will also be reinforced in terms of changes in the use of the building affecting fire safety. For instance, when adapting an apartment to a kindergarten or turning a cellar in an apartment building into an escape room. Preparing a fire safety analysis will be mandatory in such situations.

Other changes introduced by the amendment

The changes will facilitate and accelerate the preparation of new investments. They will help to ensure faster connection of new investments to power, gas, heating, water and sewage networks. There will be specific deadlines for companies to issue the terms and conditions for connecting to a grid. Exceeding the time limit will be penalised. The act also prohibits water and sewage companies from charging fees for issuing technical conditions for connection to the network.